Legal Opinion
Dale v. Boy Scouts of America
New Jersey Superior Court Appellate Division
Decided March 2, 1998PublishedCited by 20 opinions
1Opinion of the Court
The opinion of the court was delivered by
HAVEY, P.J.A.D.
Plaintiff James Dale was expelled from his position as an Assistant Scoutmaster with defendant Monmouth Council, Boy Scouts of America when he publicly declared he was a homosexual. He was expelled by the Boy Scouts of America (BSA) because of its policy excluding avowed homosexuals from membership in its organization. We conclude that: (1) the BSA is a place of public accommodation under New Jersey’s Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42; (2) the BSA’s expulsion of plaintiff from his position with the BSA violated the…
2Cases cited33 opinions
- Buckley v. ValeoSupreme Court of the United States · 1976
- National Ass'n for the Advancement of Colored People v. Alabama Ex Rel. PattersonSupreme Court of the United States · 1958
- Roberts v. United States JayceesSupreme Court of the United States · 1984
- Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, Inc.Supreme Court of the United States · 1995
- New York State Club Assn., Inc. v. City of New YorkSupreme Court of the United States · 1988
28 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Boy Scouts of America v. DaleSupreme Court of the United States · 2000
- Fellowship of Christian Athletes v. San Jose Unified School District Board of EducatioCourt of Appeals for the Ninth Circuit · 2023
- Bowers v. National Collegiate Athletic Ass'nDistrict Court, D. New Jersey · 1998
- Dale v. Boy Scouts of America & Monmouth CouncilSupreme Court of New Jersey · 1999
- Curran v. Mount Diablo Council of Boy Scouts of AmericaCalifornia Supreme Court · 1998
15 more not listed; retrieve them via the Exa API.